News & Analysis as of September 20, 2024

Hiring & Firing › Business & Professions Code

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employers Must Notify California Employees of Void Non-Competes

Stokes Wagner on 2/22/2024

California is not spreading the love to employers this Valentine’s Day. Employers’ deadline to give their California employees a notice that any non-compete agreements are void was February 14, 2024. Employers who fail to...more

Bill Would Authorize Disbarment Of Attorneys Who Enter Into Non-Competes With Their Employees

Allen Matkins on 3/29/2023

California lawyers are well aware of this state disfavors covenants not to compete. California Senator Kevin McCarty would like to increase the level of hostility by adding a provision to the Business & Professions Code...more

California Court of Appeal Publishes Opinion Upholding Customer Non-Solicitation Covenant

Proskauer - California Employment Law on 2/21/2022

Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan....more

Will George Babbitt Catch A Break From Dynamex?

Allen Matkins on 6/24/2019

In April, I wrote about AB 5 that is currently pending in the California legislature. The bill would codify the California Supreme Court's adoption a three-factor test, known as the "ABC" test, for determining when a worker...more

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on 2/11/2019

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Contractual Employee Non-solicitation Provisions Under Attack: Employer Loses Battle in Case Involving Unique Facts

Fisher Phillips on 1/22/2019

California’s prohibition against contracts that restrain a person’s ability to engage in a lawful business, profession, or trade is well-established and well-known. Ten years ago, in Edwards v. Arthur Andersen LLP (2008) 44...more

Key California Employment Law Cases: November 2018

Payne & Fears on 12/18/2018

This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

Hidden Pitfalls of Old Non-Compete Provisions

Weintraub Tobin on 8/24/2015

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/20/2015

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any...more

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment

Fenwick & West LLP on 5/4/2015

Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is maybe, according to the Ninth Circuit’s recent decision in Golden v. Calif....more

Fenwick Employment Brief - April 2015

Fenwick & West LLP on 4/29/2015

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment - Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The...more

California Non-Compete Update: No Re-Hire Provisions May be in Jeopardy, Especially for Large Employers

Mintz - Employment, Labor & Benefits... on 4/23/2015

The Ninth Circuit Court of Appeals recently sent a case back to a district court to revisit its enforcement of a settlement agreement that prohibited an employee from future employment with the employer and any company the...more

9th Circuit Determines that California Law Restricts a “No-Rehire” Provision in a Settlement Agreement

Davis Wright Tremaine LLP on 4/22/2015

Under California law, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Bus. & Prof. Code §16600) The prohibition pertains even if the...more

Are “No Rehire” Provisions in Settlement Agreements at Risk?

Weintraub Tobin on 4/20/2015

The use of “No Rehire” Provisions in settlement agreements between employers and their former employees allow employers to protect themselves against “boomerang” lawsuits. For instance, a former employee who claims he/she...more

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Hiring & Firing › Business & Professions Code

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